In a significant resolution following a serious workplace injury, Stephen Wagner, attorney at Wingate, Russotti, Shapiro, Moses & Halperin, LLP (WRSMH), secured a $5 million settlement on behalf of a 32-year-old undocumented construction worker who suffered a partial leg amputation and permanent nerve damage in a slip-and-fall accident involving a demolition saw.
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The worker was using the saw to cut wood at a construction site when he slipped on a snow-wet surface and severely lacerated his leg. Critically, the saw-unsuitable for cutting wood-lacked a retractable guard over the blade, a key safety feature. The injury resulted in complete peroneal nerve damage, permanent drop foot, and long-term mobility issues requiring lifelong use of an orthotic device. Despite undergoing multiple surgeries, including ACL reconstruction and lumbar spine surgery, the worker continues to suffer lasting effects from the accident.
Defendants in the case, including the general contractor, denied liability and argued that the worker was responsible for choosing and using the saw improperly. However, Wagner and the WRSMH team presented compelling evidence during mediation, including video and photographic documentation of the client's physical limitations. It was further established that site supervisors observed the client using the saw and failed to intervene or provide safer equipment.
The case alleged violations of New York State Labor Law, and though the defense contested liability and medical necessity of some treatments, the matter was successfully resolved through mediation for $5,000,000.
“This was a life-changing injury that could have been prevented with proper oversight and equipment,” said Stephen Wagner. “We're proud to have achieved a result that offers some measure of justice and financial security for our client and his family.”
About WRSMH:Wingate, Russotti, Shapiro, Moses & Halperin, LLP is a New York-based construction accident law firm recognized for its successful representation of construction workers and accident victims. The firm has recovered hundreds of millions for injured clients and is dedicated to upholding safety and accountability across New York job sites.
Media Contact:420 Lexington Ave Suite 2700,New York, NY10170Phone: (212) 986-7353Email:etena@wrslaw.comWebsite:www.wrshlaw.com
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SOURCE Wingate, Russotti, Shapiro, Moses & Halperin, LLP
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